VidhiSangh

Supreme Court of India · 08/01/2020

STATE OF GUJARAT THROUGH CHIEF SECRETARY & ANR. versus AMBER BUILDERS

[2020] 1 S.C.R. 779 · 2020 INSC 16

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Gujarat statutory works-contract tribunal can grant interim measures under Section 17 of the Arbitration and Conciliation Act, 1996 because those powers are consistent with the State enactment. Contractors challenging contractual recovery notices should approach that tribunal. The Court set aside the High Court judgments without deciding the merits of the disputed recoveries and declared Gangotri Enterprises per incuriam.

Issues

  1. Whether the Gujarat statutory works-contract tribunal has Section 17 interim powers.
  2. Whether the recovery dispute and interim protection should be considered by that tribunal.
  3. Whether Gangotri Enterprises correctly applied Raman Iron Foundry.

Provisions considered

Held

Result

Both State appeals allowed and the High Court judgments set aside. Contractors were granted liberty to approach the Gujarat statutory tribunal within two months with protection against dismissal on limitation. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 779.